Why flexibility and rigid rules won’t mix in the workplace

The case of senior manager Elizabeth Wilson was one of the first to consider hybrid working policies introduced by the pandemic.  It involved a challenge to her employer, the Financial Conduct Authority (FCA), over its refusal to let Wilson continue to work from home full time post-pandemic.

Wilson asked to work from home full-time when the FCA moved into a post-pandemic hybrid working model, which required staff to spend at least 40 per cent of their time working in the office. A long-standing employee, she pointed to her exemplary record from the start of the pandemic and argued that she did not need to go to the office to manage her team, saying she could do this online.

The tribunal was looking at a specific point of law, which was whether the decision was based on ‘incorrect facts’.  It found in favour of the FCA, agreeing the decision had been based on correct facts and that the organisation had given genuine consideration to the application and provided specific reasons as to how full-time home working by Wilson could have a detrimental impact.